How to Build Your Expert Retention Strategy Around a Clinical Screening Finding
Dr. Andrew Tisser, DO MBA CPE CLCP & Gina Marra, RN LCSW LNC CLCP
Most attorneys think of pre-litigation case screening as a gate. Does the case pass or not? That is a useful frame but it understates what a clinical screening finding actually gives you when the answer is proceed.
A well-executed clinical screening is not just a green light. It is a strategic document that changes every conversation that follows.
What a Screening Finding Contains That Changes Your Expert Retention
**The specific deviation, precisely identified.** A clinical screening identifies the specific act or omission, the specific moment in the record where the deviation occurred, and the specific standard that was not met. When you call a retained expert with a precise deviation already identified, you are not asking them to read 600 pages and form a theory. You are asking them to evaluate a specific clinical argument.
**The causation pathway.** A screening finding that includes a causation assessment tells you the clinical pathway between the deviation and the injury. It identifies where the causation argument is strong, where it is vulnerable, and what the defense will attack.
**The expert specialty recommendation.** A clinical screening should tell you what subspecialty expertise is required to address the standard of care question and whether a separate causation expert is needed. Getting the specialty right at the outset avoids the expensive mistake of retaining the wrong expert.
**The strongest defense arguments.** A clinical screening should identify the three to five strongest defense arguments the record supports. Knowing the defense's best arguments before you retain your expert means your expert can be prepared to address them directly rather than encountering them for the first time at deposition.
The First Expert Call With a Screening Finding in Hand
Without a screening finding, the first expert call is exploratory. The expert reads the records, forms initial impressions, and tells you what they think the case is about. That is expensive discovery work at expert rates.
With a screening finding, the first call is confirmatory. The conversation is 30 minutes instead of two hours and produces a clearer engagement letter.
Screening as Case Strategy, Not Just Case Filtering
The attorney who uses clinical screening only to filter out bad cases is leaving significant value on the table. The deeper value is in how a proceed finding shapes everything that comes after. Pre-litigation screening is not a cost. It is the first investment in a coherent case strategy.
Case Veritas findings include specific deviation identification, causation assessment, expert specialty recommendation, and defense argument analysis. Submit your case.
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